Follow-up on Bahramipour v. Citigroup Global Markets, Inc., 2006 WL 449132 (N.D. Cal. 2006)

According to the blog Federal Civil Practice Bulletin, Judge Wilken's decision in Bahramipour v. Citigroup Global Markets, Inc., 2006 WL 449132 (N.D. Cal. 2006) was soon followed by a $98 million classwide settlement. In that case, Judge Wilken held that by asserting their Fair Labor Standards Act (29 U.S.C. §§200 et seq.) claim as a UCL "unlawful" prong violation, rather than as a direct violation of the Act, plaintiffs enjoyed a longer statute of limitations and an "opt-out" (rather than an "opt-in") class. My original post on Bahramipour is here; see also this post on Harris v. Investor's Business Daily, Inc., ___ Cal.App.4th ___ (Mar. 29, 2006), in which the California Court of Appeal reached a similar conclusion. UPDATE: As an alert reader pointed out in the comments, the California Supreme Court denied review in Harris today (06/28/06).